Abortion law reform in Europe: The 2018 Belgian and Irish Acts on termination of pregnancy

Abstract

Two European countries, Belgium and Ireland, have recently reformed their abortion laws. Through a comparative approach, this article analyses the 2018 Abortion Acts and pinpoints the common challenges encountered in the drafting process. Under both legal regimes, abortion is lawful up to 12 weeks with no requirement as to reason, and provisions on a mandatory reflection period and conscientious objection only differ in detail. While later abortion is permitted in Ireland and Belgium on similar medical grounds, access to abortion on the foetal abnormality ground remains substantially more limited in Ireland as compared to Belgium. To conclude, this article reflects upon the general direction in which abortion law in Europe is heading, as exemplified by the discussed reforms. As is true for most European countries, ongoing concern regarding the level of criminalisation and barriers to safe and equitable access to abortion may necessitate further reform.